ORD200010390
AMENDED
ORDINANCE #lo39
COMMON COUNCIL - CITY OF MUSKEGO
AN ORDINANCE TO CREATE CHAPTER 35
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Property Maintenance Code)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DOES ORDAIN
AS FOLLOWS:
SECTION 1. - Chapter 35 is hereby created and made a part of the Municipal Code of
the City of Muskego to read as follows:
35.01 INTRODUCTION, PURPOSE AND INTENT
The initial building construction or development in a community is usually accomplished
after a great deal of planning, designing, and implementation. The time and attention
to detail given to the initial construction is, often, the last concentrated effort regarding
the total visual affect of the building and building lot or site. While most property
owners establish a periodic maintenance program to keep their property in a visually
pleasing and physically safe and sanitary condition, many properties are unkept and
are left to visual or physical decay. Due, primarily, to this circumstance, it has been 0 determined that there is a need to set forth guidelines as well as regulations to ensure
the continuing maintenance of property within the city.
It is the intent and purpose of this section of the City of Muskego Municipal Code to
encourage, establish minimum standards for, and provide for the enforcement of a
minimum level of care and maintenance to buildings and properties zoned andlor used
for industrial, commercial, or multi-family residential purposes throughout the city.
35.02 SCOPE
This ordinance shall apply uniformly to the maintenance and use of all premises within
the City of Muskego which are zoned andlor used for industrial, commercial, or multi-
family residential purposes and the owners, occupants, and operators thereof. This
ordinance shall not apply to single and two family residential uses of property.
35.03 TITLE
This ordinance shall be known and may be cited as the Property Maintenance Code of
the City of Muskego, hereinafter referred to as "this ordinance"
35.04 DEFINITIONS 0 (1) Buildinq-related Equipment - Includes heating and air-conditioning equipment,
chimneys and vents, signs, antennae, gutters and downspouts, fences, steps,
shutters, lights, garages, sheds, birdhouse, doghouses, and accessory storage
structures.
Ord. #lo39 Page 2
a (2) Commercial Property - A parcel or part of parcel used in whole or in part for
office, retail, or service or similar use consistent with B-1, B-2, B-3, B-4, B-4, and
00s overlay. This definition includes all vacant and I or improved lands in said
6-1, 8-2, 8-3, 6-4, 8-4, and 00s districts,
(3) Dust free - Also means dirt or mud free. The intent is to have no dust, dirt or
mud generated by traffic on the driveway or by winds.
(4) Gardening, Recreational Vehicles and Related Equipment - Includes
lawnmowers, snowblowers, tractors, wheelbarrows, ladders, scaffolding, lawn
rakes, lawn rollers, snowmobiles, AWs, campers, truck-camper units, boats,
and recreation trailers.
(5) Industrial Property - A parcel or part of parcel used in whole or in part for
manufacturing, warehousing, or similar uses consistent with the 1-1 and 1-2
zoning districts. This definition includes all vacant and I or improved lands in
said 1-1 and 1-2 zoning districts.
(6) Land Manaqernent Plan - A detailed Building, Site and Operation plan for a lot
showing the location and names of the natural and man-made features including
buildings, trees, plantings, grass areas, and walks.
(7) Multi - Family Property - A parcel or part of parcel used in whole or in part for
residential use containing three or more dwelling units. This definition includes
vacant lands with RSA, RSM, and OD zoning overlay.
(8) Permanent or Lonq Term - A period of nine (9) or more consecutive or non-
consecutive months in any calendar year
35.05 PROPERTY MAINTENANCE STANDARDS
Following are the minimum standards to be met by a property owner or occupant for
properties which are zoned andlor used for industrial, commercial or multi-family
residential purposes, regarding property maintenance for all premises within the City of
Muskego. Violation of these standards may result in the issuance of a citation by the
Building Inspector or his designee.
(1) All buildings subject to this ordinance shall be maintained in a condition to be
safe to both occupants and passersby as well as to appear to be in good repair
in regard to condition of foundation; condition of exterior paint or finish; condition
of windows and doors; condition of roof, gutters and downspouts; condition of
accessory buildings; and architectural appurtenances such as chimneys and
steps.
(2) All non-paved yard areas as set forth in the City Zoning Ordinance, except
stormwater management areas required by Chapter 34 of the Municipal Code,
shall be graded to alleviate standing water, and shall be maintained in grass,
other vegetative ground cover, or trees and shrubs compatible with similar uses
within the neighborhood. The height of grass and other general ground cover
shall be kept trimmed to a height of no more than eight (8) inches. Trees and
shrubs shall be kept maintained and trimmed in compatibility with such other
neighborhood uses. Exceptions to this ordinance may be made where a land
management plan has been filed and approved by the Plan Commission.
Ord. #lo39 Page 3
(3) All solid waste containers stored outside shall be visually screened from view of
passersby and adjacent properties by means of buildings positioning, by being
placed within a four sided containment structure visually and structurally
compatible with the principal building or, by being screened from view by dense
vegetative growth. Exceptions to this ordinance may be made where an
approved Business Site and Operations Plan has been filed and approved by
the Plan Commission, which provides either an alternate means of visual
screening, or waiver of this requirement in whole.
(4) All driveway, parking, loading and outside storage areas on properties used for
commercial, industrial and multi-family purposes shall be surfaced and
maintained as set forth in the approved Business Site and Operations Plan for
the property, City Zoning Code, or applicable design standards. All such
driveway, parking, loading and outside storage areas, which are resurfaced after
the adoption of the ordinance shall be maintained in accordance with the
approved Business Site and Operations Plan, Zoning Code, or applicable design
standards.
(5) All yard and landscaped areas shall be kept free of trash, old building materials,
junk, unlicensed or inoperative vehicles, and other such material and equipment
which, by its appearance, location or use, makes it incompatible with the
principal use or other predominate principal uses in the immediate
neighborhood. e (6) All outside storage which is expected to be, generally, permanent or long term
shall be screened from view of the general public by use of such measures as
earth berming, vegetative planting, decorative fencing or building positioning.
(7) All fences, walls, lighting, signs, storage structures, and other visual physical
improvements or appurtenances shall be maintained in a safe, working order
and in good appearance, and in conformance with all applicable codes.
35.06 ADMINISTRATION AND ENFORCEMENT
(1) The Building Inspector or his designee is authorized to prepare and distribute
procedural rules as he deems necessary to administer the purposes of this
Ordinance.
(2) If, after a personal inspection, a property that is subject to this ordinance is
found to be in violation of this or any other City Ordinance, the Building
Inspector or his designee may issue a notice of such alleged violation(s) to the
owner or occupant of the property along with a specified time period within which
such violation(s) must be corrected. Said time period shall not be less than 10
days from issuance of the notice. Notice may be served in person or by first
class mail
(3) The property owner shall notify the Building Inspector or his designee upon
completion of repairs so that a re-inspection may be made.
Ord . #I 039 Page 4
0
(4) If violation has not been corrected within the time limits allowed by the Building
Inspector, the Building Inspector shall issue a citation on the property owner
regarding such violation. For noxious weed violations, pursuant to Wisconsin
Statute 66.98 the Building Inspector shall have the alternative option to request
the Weed Commissioner and/or Department of Public Works to correct said
violation and charge the actual costs incurred against the property owner If
such charges are not paid by November 1 of the year in which they are billed,
such charges shall be extended on the next succeeding tax roll as a tax charged
against the property affected and collected in the same manner as are other
taxes, pursuant to 66.98 Wis. Stats.
SECTION 2: The several sections of this Ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect
the validity of all other provisions, sections, or portion thereof of the Ordinance which
shall remain in full force and effect. Any other Ordinance whose terms are in conflict
with the provisions of this Ordinance are hereby repealed as to those terms that
conflict.
SECTION 3: This Ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS 22"d DAY OF AUGUST ,2000.
ATTEST, First reading: 8/8/00
Published this 3IST day of
August, 2000.
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STATE OF WISCONSM
Milwaukee Coun~y )
) ss.
(Properiy Maintenance Codel
MUSKEGO, WISCONSIN DOES ORDAIN AS' ~
THE COWON COUNCIL OF THE CITY OF
FOLLOWS.
trvmc on the drrveway or by winds.
141 Gardenmg. Recreational Vehielea and Relat-
ed Eauimwol . lirludes'li~nmowsrs. snowblow.
any eolendar year.
nmns 35.05 PROPER^ MAINTENANCE STAN-
Following are the mi,nimum,alandsrds to be met
by a property owner.or occupant for properties
which are zoned and/or used for industrial. com-
mercial or multi-family residential purwses.
regnrding property msmlenanee for el1 premises
whin ihe City oiMYskego. Violation ofthese stan.
dards niay wsult in iheii.uance oi a citation by the
Building Inspector or his designee.
Suzanne Sobczyk belng duly sworn, doth depose ana
say that she is an authorized representative of The
MUSKEGO SUN, a newspaper
published at MUSKEGO,
Wisconsin and that an advertisement of which the annexed
is a true copy, taken Gom the said paper, was published
therein on
........... .........
..j&m .... 3!, ..
, . . , . , . . , .......... ..........
., . . , . , . . , . . , . , ..... ...
. . , . ., . . , . , . , ,.. .........
Subscribed and sworn to me before this.3!& ... day
Of.. .................. ... ., 20.u.
........
MY Commission expires. ... ??. 3 +.?. ....
0 /u
COMMON COUNCIL - CITY
ORDINANCE #lo39
AN ORDINANCE TO CREATE
OF THE MUNICIPAL CODE OF THE
(Property Maintenance
SECTION 1. - Chapter 35 is hereby created an part of the Municipal Code of
the City of Muskego to read as follows:
The initial building constructio men! in a community is usually accomplished
after a great deal of planning, d g, and Implementation. The time and attention
to detail given to the initial cons is, often, the last concentrated effort regarding
the total visual affect of the b nd building lot or site. While most property
owners establish a periodic m e program to keep their property in a visually
pleasing and physically safe ry condition, many properties are unkept and
are left to visual or y. Due, primarily, to this circumstance, it has been
the continuing within the city.
9 determined that set forth guidelines as well as regulations to ensure
It is the intent and of this section of the City of Muskego Municipal Code to
encourage, standards for, and provide for the enforcement of a
to buildings and properties zoned andlor used
residential purposes throughout the city.
35.02 SCOP
This ordinance shall apply uniformly to the maintenance and use of all premises within
the City of Muskego which are zoned andlor used for industrial, commercial, or multi-
family residential purposes and the owners, occupants, and operators thereof. This
ordinance shall not apply to single and two family residential uses of property.
35.03 TITLE
This ordinance shall be known and may be cited as the Property Maintenance Code of
the City of Muskego, hereinafter referred to as "this ordinance&-
0 35.04 DEFINITIONS
(1) Buildinq-related Eauipment - Includes heating and air-conditioning equipment,
chimneys and vents, signs, antennae, gutters and downspouts, fences, steps,
shutters, lights, garages, sheds, birdhouse, doghouses, and accessory storage
structures.
0
ord. #lo39 Page 2
(2) Commercial Property - A parcel or part of parcel used in whole or in part for
office, retail, or service or similar use consistent with 8-1, 8-2, 8-3, B4, 84, and
00s overlay. This definition includes all vacant and I or improved lands in said
8-1, 8-2, 8-3, EM, 84, and 00s districts.
(3) Dust free - Also means dirt or mud free. The intent is to have no dust, dirt or
mud generated by traffic on the driveway or by winds.
(4) Gardenina, Recreational Vehicles and Related Equipment - Includes
lawnmowers, snowblowers, tractors, wheelbarrows, ladders, scaffolding, lawn
rakes, lawn rollers, snowmobiles, AN'S, campers, truck-camper units, boats,
and recreation trailers.
(5) Industrial Property - A parcel or part of parcel used in whole or in part for
manufacturing, warehousing, or similar uses consistent with the 1-1 and 1-2
zoning districts. This definition includes all vacant and / or improved lands in
said 1-1 and 1-2 zoning districts.
(6) Land Manaqement Plan - A detailed Building, Site and Operation plan for a lot
showing the location and names of the natural and man-made features including
buildings, trees, plantings, grass areas, and walks.
(7) Multi - Family Property - A parcel or part of parcel used in whole or in part for
residential use containing three or more dwelling units. This definition includes
vacant lands with RSA, RSM, and OD zoning overlay.
(8) Permanent or Lona Term - A period of nine (9) or more consecutive or non-
consecutive months in any calendar year
35.05 PROPERTY MAINTENANCE STANDARDS
Following are the minimum standards to be met by a property owner or OCCUpant for
properties which are zoned and/or used for industrial, commercial or multi-family
residential purposes, regarding property maintenance for all premises within the City of
Muskego. Violation of these standards may result in the issuance of a citation by the
Building Inspector or his designee.
(1) All buildings subject to this ordinance shall be maintained in a condition to be
safe to both occupants and passersby as well as to appear to be in good repair
in regard to condition of foundation; condition of exterior paint or finish; condition
of windows and doors; condition of roof, gutters and downspouts; condition of
accessory buildings; and architectural appurtenances such as chimneys and
steps.
(2)All non-paved yard areas as set forth in the City Zoning Ordinance, except
stormwater management areas required by Chapter 34 of the Municipal Code,
shall be graded to alleviate standing water, and shall be maintained in grass,
other vegetative ground cover, or trees and shrubs comlcatible with Similar uses
within the neighborhood. The height of grass and other general ground cover
shall be kept trimmed to a height of no more than eight (8) inches. Trees and
shrubs shall be kept maintained and trimmed in compatibility with such other
neighborhood uses. Exceptions to this ordinance may be made where a land
management plan has been filed and approved by the Plan Commission.
I
'0
Ord. #lo39 Page 3
(3) All solid waste containers stored outside shall be visually screened from view of
passersby and adjacent properties by means of buildings positioning, by being
placed within a four sided containment structure visually and structurally
compatible with the principal building or, by being screened from view by dense
vegetative growth. Exceptions to this ordinance may be made where an
approved Business Site and Operations Plan has been filed and approved by
the Plan Commission, which provides either an alternate means of visual
screening, or waiver of this requirement in whole.
(4) All driveway, parking, loading and outside storage areas on properties used for
commercial, industrial and multi-family purposes shall be surfaced and
maintained as set forth in the approved Business Site and Operations Plan for
the property, City Zoning Code, or applicable design standards. All such
driveway, parking, loading and outside storage areas, which are resurfaced after
the adoption of the ordinance shall be maintained in accordance with the
approved Business Site and Operations Plan, Zoning Code, or applicable design
standards.
(5) All yard and landscaped areas shall be kept free of trash, old building materials,
junk, unlicensed or inoperative vehicles, and other such material and equipment
which, by its appearance, location or use, makes it incompatible with the
principal use or other predominate principal uses in the immediate
neighborhood. 0 (6) All outside storage which is expected to be, generally, permanent or long term
shall be screened from view of the general public by use of such measures as
earth berming, vegetative planting, decorative fencing or building positioning.
(7) All fences, walls, lighting, signs, storage structures, and other visual physical
improvements or appurtenances shall be maintained in a safe, working order
and in good appearance, and in conformance with all applicable codes.
35.06 ADMINISTRATION AND ENFORCEMENT
(1) The Building Inspector or his designee is authorized to prepare and distribute
procedural rules as he deems necessary to administer the purposes of this
Ordinance.
(2) If any two, (2) persons are aggrieved by the condition of a property subject to this
ordinance make a written complaint, or if the Mayor or any Alderman makes a
verbal complaint, the Building Inspector or his designee shall review such
complaint, visit the property against which such cornplaint has been made. If,
after a personal inspection such property is found to be in violation of this or any
other City Ordinance, the Building Inspector or his designee may issue a notice
of such alleged violation(s) to the owner or occupant of the property along with a
specified time period within which such violation(s) must be corrected. Said time
period shall not be less than 10 days from issuance of the notice. Notice may be
served in person or by first class mail.
Ord. #lo39 Page 4
a (3) The property owner shall notify the Building Inspector or his designee upon
completion of repairs so that a re-inspection may be made.
(4) If violation has not been corrected within the time limits allowed by the Building
Inspector, the Building Inspector shall issue a citation on the property owner
regarding such violation. For noxious weed violations, pursuant to Wisconsin
Statute 66.98 the Building Inspector shall have the alternative option to request
the Weed Commissioner andlor Department of Public Works to correct said
violation and charge the actual costs incurred against the property owner If
such charges are not paid by November 1 of the year in which they are billed,
such charges shall be extended on the next succeeding tax roll as a tax charged
against the property affected and collected in the same manner as are other
taxes, pursuant to 66.98 Wis. Stats.
SECTION 2: The several sections of this Ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect
the validity of all other provisions, sections, or portion thereof of the Ordinance which
shall remain in full force and effect. Any other Ordinance whose terms are in conflict
with the provisions of this Ordinance are hereby repealed as to those terms that
conflict.
SECTION 3: This Ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS DAY OF ,2000.
CITY OF MUSKEG0
David L. De Angelis. Mayor
ATTEST.
Clerk-Treasurer
First reading:
Published this day of
, 2000.
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